Last updated: January 31, 2023
Welcome to atgPay terms and conditions for Sellers (“Payments Terms”). Proxibid allows registered users acting as Buyers and Sellers to use and accept various forms of payment in connection with events conducted through the Proxibid Platform. Buyers and Sellers on the Proxibid Platform can pay and accept payment by credit card or debit card, and some bank transfer services such as ACH payments using atgPay. These Payments Terms set out your rights and responsibilities when you use atgPay as a Seller. These Payments Terms are also subject in all respects to the Unified User Agreement (defined below). You have agreed to these Payments Terms as part of the sign-up process to use atgPay for your Event.
Proxibid reserves the right to add or remove payment methods it accepts in its sole discretion, with notice where required by applicable law.
Sellers and Buyers using the Proxibid Platform may only use atgPay for the purchase and sale of goods listed by a Seller for an event in which Buyer participates through the Proxibid Platform. atgPay is only available to users who are at least 18 years old, and who register and are approved for a payment account with Proxibid. Proxibid reserves the right to terminate a user’s access to atgPay if the user uses atgPay in any other manner. atgPay may not be available in all jurisdictions.
As used in these terms:
“Seller” means the independent entity conducting or sponsoring the event, including auction houses, auctioneers, or auction companies.
“Buyer” means an individual or entity that creates a Buyer account on the Proxibid Platform (regardless of such User’s purpose for creating the Buyer account and whether such Buyer account is ever utilized to place a bid).
“You” or “Your” in these Payment Terms refer to a Seller using the Proxibid Platform.
“Special Terms of Sale” means a Seller’s terms of Sale and any Special Terms which modify and/or supplement the Default Event Terms set forth under Section 5 of the Unified User Agreement.
“Unified User Agreement” means all the collective terms and conditions that any Seller that uses the Proxibid Platform must agree to, and abide by, including, but not limited to, those contained in the Unified User Agreement and the Privacy Policy.
Third-Party Services
Certain Sellers may allow or require Buyers to pay for items with a credit card or debit card, or ACH authorization, all of which use the online payment services powered by Payrix or Worldpay (each, a “Payment Service”). Seller’s use of a Payment Service is governed by the terms and conditions of the Payment Service, which you can review here and here, and to which each Seller has agreed as part of the on-boarding process with Proxibid, and each Payment Service’s privacy policy, which you can review here and here, and to which you agreed as part of the initial creation of your Proxibid account. You expressly acknowledge and agree that, if you elect to use the Payment Service, neither Proxibid nor any Payment Service shall have any liability for, and is not a party to, any contract between a Buyer and you. All transactions, whether or not utilizing a Payment Service, remain subject to the Default Event Terms set forth in Section 5 of the Unified User Agreement, and any Special Terms of Sale (including the refund policies posted therein). No Seller may use the Payment Service to engage in activities prohibited by the applicable Payment Service or otherwise to violate applicable law. Either Proxibid or the applicable Payment Service may decline, in their sole and absolute discretion, to process transactions that are too large in dollar amount, too long in duration, or exceed other risk parameters. In addition, the Payment Service may decline to provide its payment services to any Buyer or Seller, or may impose a reserve requirement, or may limit transaction size, or may decline to process a transaction, based on the Payment Services’ then-current compliance and risk management programs or any other reason. You shall indemnify, hold harmless, and defend Proxibid and its affiliates, directors, officers, members, managers, shareholders, employees, and agents from, and against, any claims, suits, actions, damages, demands, obligations, proceedings, investigations, liabilities, and/or other losses of any kind (including reasonable attorneys’ fees and costs) arising from a third party claim based on, arising from, or relating to, your use of the Payment Service. If Proxibid receives notice that a Seller’s acts or omissions violate a Payment Service’s terms and conditions agreement, Proxibid may at its sole discretion take action against your account to comply with such policies. Such actions may include canceling a transaction, disabling listings from an Seller, suspending or terminating your selling privileges, or removing certain payment methods. You expressly acknowledge and agree that Proxibid may share your personal or transactional information with the providers of the Payment Services for purposes related to payments processing.
Credit Card and Debit Card Payment Processing
Overview. Sellers may elect to have Proxibid invoice and process payments that are due from Buyers by debiting credit cards or debit cards that Buyers have on file with Proxibid. Seller acknowledges that Proxibid may fail to, be unable to, or refrain from charging any Buyer’s credit or debit card. If a charge or debit is not made by Proxibid for whatever reason, the payment to the Seller may be late or past due pursuant to the respective Seller’s terms and conditions of sale.
Credit and Debit Card Payments and Pre-Authorization. If a Buyer utilizes a credit or debit card to make payment, Seller may request preauthorization for a card transaction for validation purposes and/or to ensure there are sufficient funds available in Buyer’s account. A preauthorization request may result in a “hold” on Buyer’s available funds in the amount submitted for preauthorization (“Authorization Hold”). All Authorization Holds are subject to the rules of the relevant card brand.
Bank Account Payments/ACH Authorization
Overview. Sellers may elect to have Proxibid invoice and process payments that are due from Buyers through a means that does not utilize Payment Services, including ACH payments from a Buyer’s bank account. By choosing to use a bank account as the payment method, a Buyer will be able to pay the fees due in connection with its participation in any auction conducted by an Auction House on the Proxibid site by using any valid automated clearing house (“ACH”) enabled bank account at a United States-based financial institution. Whenever a Buyer chooses to pay by ACH, the Buyer is authorizing Proxibid (or its agent) to debit Buyer’s bank account for the total amount of the fees due. The transaction must be payable in U.S. dollars. Notwithstanding the foregoing, Proxibid, in its sole and absolute discretion, may refuse this payment option to any Buyer, without notice, for any reason at any time.
Electronic Delivery of Future Disclosures. You agree to accept all disclosures and other communications between you and Proxibid on this website or at the primary e-mail address associated with your Proxibid account. You should print and retain a copy of all such disclosures and communications.
Taxes
Buyers and Sellers shall be solely responsible and liable for collecting and remitting any sales, use, value-added tax (VAT), ad valorem, import, excise, or other tax which may be imposed by any taxing authority in any local, state, federal, provincial, or other foreign jurisdiction, in connection with a Seller’s sale, or a Buyer’s purchase of goods through the Proxibid Platform. Because sales tax rules vary by jurisdiction, you acknowledge that you will contact your local tax authority to learn about or obtain appropriate advice regarding specific tax obligations in the jurisdictions in which you operate. You agree that Proxibid shall have no liability or obligation to Sellers, Buyers, or any taxing authority for any tax for which a Seller or a Buyer is required to collect and remit in connection with an Seller’s sale or a Buyer’s purchase. You agree to defend, indemnify, and hold harmless Proxibid, its shareholders, members, partners, officers, directors, employees, agents, parent company, subsidiaries, affiliates, joint venturers, successors and assigns, from and against any and all causes of action, suits, claims, demands, judgments, liabilities, losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable attorney’s fees), arising out of, relating to, or resulting from: (i) your failure to abide by your obligations to collect and remit any sales, use or other tax; and (ii) the accuracy, sufficiency, or completeness of the information provided by you to Proxibid for the purpose of calculating and collecting any sales or use tax that may be due. If Proxibid, but not the Seller or a Buyer, is required by applicable law to remit sales tax to the relevant taxing authorities, Proxibid will calculate, collect, and remit such sales taxes to the relevant taxing authorities.
Proxibid’s Rights and Responsibilities
The functionality of atgPay may be made available, modified, or discontinued by Proxibid at any time without notice. As a security measure, we may impose transaction limits on Buyers and Sellers. For example, we may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a Seller: (a) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (b) if we permit a Buyer to withdraw from a transaction. Proxibid may refuse service of atgPay to anyone, for any reason, at any time. Proxibid reserves the right to decline or refund transactions that we believe to be high risk, fraudulent, in violation of trade sanctions, or otherwise in violation of the Unified User Agreement. If a Buyer does not make payment for the purchase of property sold by a Seller in an event conducted on the Proxibid Platform sold using atgPay, Proxibid may provide limited payment protection to the Seller, in the interest of fairness, and in Proxibid’ sole discretion. Proxibid maintains records associated with transactions on atgPay and does not pass any secure data, including credit card numbers, to any Seller. Sellers will only receive shipping information and Buyer account information necessary to complete the transaction. Proxibid’s Privacy Policy further explains how Proxibid handles user information.
Seller’s Rights and Responsibilities
Payment Accounts. A payment account allows Buyers and Sellers to track payment amounts, refunds, and fees related to transactions conducted through the Proxibid Platform. You must provide accurate personal information as requested during registration, and you are responsible for maintaining and updating that information as necessary. You hereby authorize us, and our authorized agents, to verify information (at registration and on occasion when using the Proxibid Platform) that you provide by accessing public records and obtaining credit reports about you. Proxibid reserves the right to verify your information in order to safeguard the integrity of the Proxibid Platform and the Services and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.
Disputes. Seller shall resolve any disputes directly with a Buyer.
International Trade Laws. You agree that your use of atgPay will not involve any countries, entities, individuals, or items prohibited by sanctions, embargoes, regulations, or orders administered by the US Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies.
Information on Cardholder Charges. Please note that your bank or card provider may charge additional fees (including cross-border fees) for transactions that you make through atgPay. These fees are not charged by Proxibid and are at the discretion of your bank. Please contact your bank for further details.
Seller’s appointment of Proxibid as Limited Collection Agent for Sellers
All funds resulting from a completed transaction will be reflected as a balance in a Seller’s payment account. Any refunds, adjustments, or other amounts paid to Buyers in connection with purchases, or for funds received since the last payment day, are also applied to the Seller’s payment account balance. We will invoice Seller separately for our fees. To protect the security and integrity of our marketplace, the users of Services, and Proxibid, Proxibid may take account-level or transaction-level actions based on risk-based criteria. A Reserve is an amount of money pending settlement as indicated in your payment account. A Reserve will be placed on a Seller’s account if we believe there may be a high level of financial risk associated with you, your account, your business model, or your transactions. In some cases, deposits to a Seller’s bank accounts could be temporarily delayed by an issue at Proxibid, a Payment Service, or a Seller’s or a Buyer’s bank. We’ll use reasonable efforts to communicate with any affected Seller promptly. Separately, if we believe that a Seller’s actions may result in Buyer disputes, chargebacks, increased risk of fraud, counterfeiting, or other claims, then we may, in addition to any applicable reserve and in our sole discretion, put a hold or deposit delay on the Sellers’ payment account balance. Proxibid may terminate or suspend a Seller’s use of atgPay at any time.
Agreement, Amendments and Future Terms
ANY ONE OF THE FOLLOWING ACTIONS CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THIS AGREEMENT: (1) ACCEPTING THE UNIFIED USER AGREEMENT ELECTRONICALLY DURING THE REGISTRATION OR SIGN-UP PROCESS AND/OR UPON LOGGING ON TO USE THE PROXIBID PLATFORM, (2) ACCEPTING THESE TERMS AS PART OF SIGNING UP FOR ATGPAY OR (3) USING THE SERVICES AS DESCRIBED HEREIN. THROUGH ANY OF THESE ACTIONS YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.
Proxibid may amend, supplement or remove any of these terms and conditions at any time, and from time to time. If we do so, we will post such changes on this page. IF ANY FUTURE CHANGES TO THIS AGREEMENT ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING ATGPAY. YOUR CONTINUED USE OF ATGPAY NOW, OR FOLLOWING THE POSTING OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.